Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 2-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is for a fidget toy, but claims 2-7 are directed to a “body”, “at least one hollow recess”, “at least one end cap”, or “at least one magnet”.
In claim 4, it is not clear what are “other similar fasteners”.
In claim 5, it is not clear what is material “such as neodymium”.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, & 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vesci et al 7,561,015.
Vesci shows a device which could be used as a fidget toy, which includes a metal body 116 with end caps 114 (figure 11), with a hollow recess in the body; and a magnet in the recess, secured with adhesive. With regard to claim 4, the caps may be held by friction. With regard to claim 7, the body has a smooth texture. With regard to claim 8, it would be possible to manipulate and connect multiple toys.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vesci et al.
Vesci shows a body with a recess but it is not clear how the recess is formed. But a drilled hole is known to create a recess in a body so would be considered an obvious variant.
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/JOHN A RICCI/ Primary Examiner, Art Unit 3711